3 head to trial on riot charge

Saturday

Aug 16, 2008 at 12:01 AM

TOBYHANNA — Three Mount Pocono men will head to Monroe County Court on rioting and other charges relating to the July 21 incident at the Pocono Mountain Volunteer Fire Company's carnival in Mount Pocono.

ANDREW SCOTT

TOBYHANNA — Three Mount Pocono men will head to Monroe County Court on rioting and other charges relating to the July 21 incident at the Pocono Mountain Volunteer Fire Company's carnival in Mount Pocono.

Fluegel at the end of the hearing ruled sufficient evidence had been presented to send all charges against Walker, Peterkin and Sommerville to county court. There, each defendant can go to trial, plead guilty or plead no contest.

Walker's attorney, David Skutnik, Peterkin's attorney, Michael McHale, and Sommerville's attorney, Jason Leon, asked the court Friday to dismiss charges against the defendants. Attorneys said the testimony presented does not constitute sufficient evidence of the defendants having incited or taken part in a riot or interfered with police in any way.

"My client (Peterkin) is looking forward to being exonerated," McHale said after the hearing.

The judge disagreed with defense attorneys, saying the Commonwealth, represented by Assistant District Attorney Jeremy Bolles, had presented sufficient evidence to uphold all charges.

The following account is based on a Pocono Mountain Regional Police affidavit and testimony:

As the carnival was dispersing on the night of July 21, police Cpl. Charles LaRue noticed a crowd of about 20 to 25 people on Belmont Avenue blocking the roadway. LaRue tried to disperse the crowd, but a group of males within the crowd failed to comply, using obscene language and making unreasonable noise.

After telling the group a third time to disperse, one male, later identified as Isaiah Sommerville, Tyshawn's 15-year-old brother, continued making unreasonable noise and failed to comply with LaRue's commands.

LaRue tried arresting Sommerville, who jerked away and then pushed LaRue and "squared up on" him in an aggressive manner. A large group of people then surrounded LaRue and tried to interfere with the arrest by shielding Sommerville from him.

LaRue drew his Taser and "displayed the laser onto" Sommerville, who then took off running toward the nearby Snow Shoe apartments.

LaRue began chasing Sommerville as the crowd began chasing LaRue. Several other police officers by this time had become aware of what was happening and began chasing the crowd, which in turn was chasing LaRue.

LaRue fired his Taser at Sommerville, but failed to stop him. Sommerville then fell, and officers again tried to arrest him, at which point the crowd again tried to interfere.

Tyshawn Sommerville, Peterkin, Walker and a fourth male later identified as Tywain Preston, 15, of Mount Pocono, allegedly were among those trying to interfere. All four were arrested along with Isaiah Sommerville as more police arrived on scene to quell the disturbance.

Preston and Isaiah Sommerville will appear at a future date in Monroe County Juvenile Court for an adjudication hearing, the juvenile equivalent of a trial. The news media normally do not report the names of juveniles not charged as adults, but Preston's and Sommerville's mothers, when recently interviewed by the Pocono Record, raised no objections to the boys' names being publicized.

Tyshawn Sommerville, Peterkin and Walker will appear in county court at a future date. Sommerville and Peterkin remain in Monroe County Correctional Facility in lieu of $30,000 bail, while Walker has posted bail and been released.